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PATZKOWSKY v. STATE EX REL. OKLAHOMA BOARD OF AGRICULTURE

No. 104,564. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

217 P.3d 146 (2008)

2009 OK CIV APP 18

Earl & Barbara PATZKOWSKY, Paul & Maedean Caldwell, Deloris Coxwell, Diana Caldwell, Jaquee Swanner, Steve Parker, Humphrey Family Trust, Jack Bartell, J.J. & Audrey Parker, and Clyde & Mary Pugh, Petitioners/Appellants, v. STATE of Oklahoma, ex rel. OKLAHOMA BOARD OF AGRICULTURE, Oklahoma Department of Agriculture, Food, and Forestry, and Land O'Lakes, Inc., Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

Rehearing Denied November 14, 2008.

Certiorari Denied February 17, 2009.

Attorney(s) appearing for the Case

Daniel J. Gamino, Daniel J. Gamino & Associates, P.C., Oklahoma City, OK, for Petitioners/Appellants.

R. Thomas Lay, Kerr, Irvine, Rhodes & Ables, Oklahoma City, OK, for Appellee Land O'Lakes, Inc.

James Woodruff, General Counsel, Oklahoma City, OK, for Oklahoma Department of Agriculture, Food, and Forestry and Oklahoma Board of Agriculture.

OPINION

ADAMS, Presiding Judge.

¶ 1 Earl and Barbara Patzkowsky, Paul and Maedean Caldwell, Deloris Coxwell, Diana Caldwell, Jaquee Swanner, Steve Parker, Humphrey Family Trust, Jack Bartell, J.J. and Audrey Parker, and Clyde and Mary Pugh (collectively, Appellants) appeal a trial court's order affirming a final order of the Oklahoma Board of Agriculture (Board) that granted an application for a concentrated animal feeding operation (CAFO) permit filed...

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